Can a Skilled Worker Work Remotely from Abroad?

In today’s flexible work environment, employers and workers often wonder if sponsored Skilled Workers can work remotely from abroad.

Here’s a summary of key points from the Home Office guidance to help you navigate this topic effectively.

Key Guidance for Sponsored Skilled Workers

Starting Work in the UK

S3.13: A worker can begin their sponsored role as soon as they have permission to enter or remain in the UK, even if this is before the start date listed on their Certificate of Sponsorship (CoS).

S3.14: Sponsored workers should normally start their role no later than 28 days after the latest of the following dates:

• The start date recorded on their CoS.

  
  

• The “valid from” date on their visa vignette.

  
  

• The date they were granted permission to enter the UK (if they entered without prior clearance under specific concessions).

  
  

• The date they were notified of their grant of entry clearance or permission to stay.

  
  

Employers must conduct a Right to Work (RTW) check before the worker starts their employment.

While the guidance does not explicitly state whether a migrant can begin work before arriving in the UK, best practice is to wait until they arrive to commence employment.

Reporting Work Location Changes

As a sponsor, you have a duty to report changes to a sponsored worker’s work location through the Sponsor Management System (SMS). This includes:

• When a worker’s normal work location changes to a different site, branch, or client’s premises that was not previously declared.

  
  

• If a worker is, or will be, working permanently or full-time from home, with little or no requirement to attend a workplace.

  
  

The Home Office recognises that many organisations now operate with hybrid working models. If workers split their time between remote work and regular attendance at an office or client site, you do not need to report this hybrid pattern. However, you must:

• Report any changes to their main office location or new client sites.

  
  

• Maintain accurate records of their working patterns.

  
  

Fully Remote Workers

If a sponsored worker is working entirely remotely, the Home Office may request an explanation of why sponsorship is necessary. For example, they might ask why the worker needs to come to the UK if their role can be performed from their home country.

Working from Abroad

If a sponsored worker will spend most of their employment working outside the UK, it is advisable to:

• Report this change to the Home Office via SMS.

  
  

• Provide a justification explaining why the worker needs UK sponsorship despite their remote working arrangement.

  
  

Conclusion

Understanding and adhering to the Home Office’s guidance is essential for ensuring compliance with sponsor licence duties. Whether managing work location changes or addressing remote work arrangements, employers must remain diligent in their reporting and record-keeping practices.

If you have questions or need support with reporting requirements, feel free to get in touch.

Ensuring compliance is key to maintaining your sponsor licence and avoiding potential issues.